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Medical practitioner – Professional misconduct. Concerns were raised as to the competence of the claimant surgeon, and he was referred to a disciplinary panel. He applied for a permanent injunction restraining the defendant NHS trust from referring his case to a capability hearing panel. The Queen's Bench Division, in dismissing the application, held that, among other things, on the true construction of the relevant standards procedure, an employer could proceed to a capability hearing even if it had not received advice that a practitioner's performance was so fundamentally flawed that no action plan had a realistic chance of success.
Medical practitioner – Professional misconduct. Concerns were raised as to the competence of the claimant surgeon, and he was referred to a disciplinary panel. He applied for a permanent injunction restraining the defendant NHS trust from referring his case to a capability hearing panel. The Queen's Bench Division, in dismissing the application, held that, among other things, on the true construction of the relevant standards procedure, an employer could proceed to a capability hearing even if it had not received advice that a practitioner's performance was so fundamentally flawed that no action plan had a realistic chance of success.
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